Tokarski v. Med-Data Inc

1 THE HONORABLE TANA LIN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON NICOLE TOKARSKI, on behalf of herself and all others similarly situated, NO. 2:21-cv-00631-TL Plaintiff, STIPULATED MOTION AND v. [PROPOSED] ORDER TO AMEND CASE SCHEDULE MED-DATA, INC., 12 NOTED FOR CONSIDERATION: Defendant.

APRIL 29, 2022 14 I. STIPULATION 15 On June 30, 2021, the Court entered an Order setting May 6, 2022, as Plaintiff’s deadline to file her motion for class certification. Dkt. No. 13. For the good cause explained below, the parties respectfully request that the Court extend Plaintiff’s deadline to file her motion for class certification to 90 days from the original date and adjust all related response dates for the motion for class certification and other case deadlines to account for the 90-day adjustment.

20 The Local Rules allow parties to file stipulated motions, including to request relief from a deadline. LCR 7(d)(1); LCR 10(g) (providing that stipulated motions to alter schedules previously set by the court should be supported by reasons justifying the proposed change); Doe v. Trump, No. 2:17-CV-00178-JLR, 2017 WL 1378504, at *1 (W.D. Wash. Apr. 11, 2017); see also Dkt.

24 No. 22 at 3 (“The Court will alter these dates only upon good cause shown; failure to complete discovery within the time allowed is not recognized as good cause.”).

26 As this Court is aware, several other cases related to this data breach are currently pending, including M.S., et al. v. Med-Data, Inc., 4:22-cv-00187 (Southern District of Texas) and C.C. v. Med-Data, Inc., which was originally filed in the District of Kansas but has since been remanded to Kansas state court. Plaintiff is actively cooperating with counsel in the Texas and Kansas matters to coordinate discovery. Additionally, the parties in those matters have now agreed to pursue global mediation while continuing to complete the coordinated discovery.

Mediation has not yet been scheduled, but the parties anticipate that it will occur in June or July.

In the intervening period, the Plaintiffs intend to conduct a joint 30(b)(6) deposition, the Defendant intends to take one or more Plaintiffs’ depositions, along with other joint discovery efforts that the parties believe helpful to the mediation.

These efforts to coordinate discovery are ultimately more efficient but require slightly more time. Likewise, it would be difficult and potentially wasteful for the parties to simultaneously brief class certification and prepare for mediation. Extending the current deadlines will allow the parties to focus their efforts on the coordinated discovery and potential global settlement of this matter, saving not just the judicial resources of this Court but those of multiple other courts in which related actions are pending. There is therefore good cause to extend the deadline for a motion for class certification.

Accordingly, the Parties agree and stipulate, subject to the Court’s approval, to an extension as follows: 19 EVENT CURRENT NEW DEADLINE DEADLINE Deadline for Plaintiffs to File their Motion May 6, 2022 August 4, 2022 for Class Certification Deadline for Defendants’ Response to the June 3, 2022 September 1, 2022 Motion for Class Certification Deadline for Plaintiffs’ Reply to the Motion June 24, 2022 September 22, 2022 for Class Certification Discovery deadline 45 days after 45 days after Court’s 26 Court’s ruling on ruling on Class Class Certification Certification Deadline for filing dispositive motions 75 days after 75 days after Court’s Court’s ruling on ruling on Class Class Certification Certification 3 STIPULATED TO AND DATED this 2nd day of May, 2022.

TERRELL MARSHALL LAW GROUP PLLC ARETE LAW GROUP PLLC By: /s/ Beth E. Terrell, WSBA #26759 By: /s/Ralph H. Palumbo, WSBA #4751 Beth E. Terrell, WSBA #26759 Ralph H Palumbo, WSBA #4751 Email: [email protected] Email: [email protected] Ryan Tack-Hooper, WSBA #56423 Lynn M. Engel, WSBA #21934 Email: [email protected] Email: [email protected] Elizabeth A. Adams, WSBA #49175 1218 Third Avenue, Suite 2100 Email: [email protected] Seattle, Washington 98101 North 34th Street, Suite 300 Telephone: (206) 428-3150 10 Seattle, Washington 98103-8869 Facsimile: (206) 428-3251 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 Kent M. Adams, Admitted Pro Hac Vice 12 Email: [email protected] John Heenan, Admitted Pro Hac Vice WILSON ELSER MOSKOWITZ 13 Email: [email protected] EDELMAN & DICKER (HOUSTON) Teague Westrope 909 Fannin Street, Suite 3300 14 Email: [email protected] Houston, Texas 77010 HEENAN & COOK Telephone: (713) 353-2027 1631 Zimmerman Trail, Suite 1 Facsimile: (713) 785-7780 16 Billings, Montana 59102 Telephone: (406) 839-9081 17 Attorneys for Defendant John A. Yanchunis, Admitted Pro Hac Vice Email: [email protected] Matthew James Ide Ryan Maxey, Admitted Pro Hac Vice Email: [email protected] Email: [email protected] 7900 Se 28th Street, Ste 500 20 MORGAN & MORGAN Mercer Island, Wa 98040 North Franklin Street, 7th Floor Telephone: (206) 625-1326 21 Tampa, Florida 33602 Facsimile: (206) 622-0909 Telephone: (813) 223-5505 Attorneys for Respondents 23 Michael F. Ram, Admitted Pro Hac Vice Email: [email protected] 24 MORGAN & MORGAN Van Ness Avenue, Suite 500 25 San Francisco, California 94102-3275 Telephone: (415) 358-6913 Facsimile: (415) 358-6923 Attorneys for Plaintiff 1 II. ORDER 2 Based on the forgoing parties’ stipulation and for good cause, IT IS HEREBY ORDERED THAT the current deadlines regarding class certification are extended by 60 days.

5 Dated this 2nd day of May 2022.

7 A Tana Lin 9 United States District Judge